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FLSA

Technology can transform exempt status

07/25/2011
As work becomes more technologically driven, employees are seeing their job responsibilities change. Be aware that technological advancements in a job can also change an em­­ployee’s status under the Fair Labor Standards Act from an exempt to a nonexempt worker—or vice versa.

Can we offer pizza instead of pay when employees must work through lunch?

07/19/2011
Q. Occasionally, when we receive a big order, our nonexempt employees are required to work through their lunch break. Although we do not pay them overtime for this work, we buy pizzas and sodas for all the affected workers. Is this lawful?

State pay law now covers out-of-state employees working in California

07/19/2011

A unanimous California Supreme Court has ruled that California-based employers must pay out-of-state resident employees based on the provisions of the California Labor Code, even if those employees only visit the state on a limited, temporary basis. The decision is worrisome for multi­state employers because it may open the door for more employee lawsuits seeking the generous protections offered by California law.

Classifying employees? Examine specific tasks

07/19/2011

Courts are becoming more reluctant to authorize massive class-action lawsuits. Example: A federal court has ruled that assistant restaurant managers who believe they were misclassified must bring individual lawsuits. They can’t proceed as a class. The practical impact: Most likely, lower damages.

New FLSA regs mean it’s time to review wage-and-hour practices

07/13/2011

New regulations implementing the FLSA are now in effect, and they mark a significant change in federal wage-and-hour rules—and how the DOL enforces them. The new regulations were created to make FLSA regulations consistent with changes driven by other applicable federal laws. Be mindful of these new regulations and the additional burdens they impose.

Milton car dealership settles wage-and-hour dispute

07/13/2011
Milton-based McKenzie Buick GMC has settled a dispute over minimum wage, overtime pay and tracking of employees’ hours worked. An investigation by the U.S. Department of Labor’s Wage and Hour Division revealed the dealership wasn’t maintaining accurate records of the hours many of its salespeople worked.

Do oral complaints carry the same weight as written complaints in retaliation cases?

07/13/2011
Q. We have an employee who has made several complaints about his wages while talking to his manager during informal meetings. Are these oral complaints sufficient to trigger the Fair Labor Standards Act (FLSA) anti-retaliation provision?

What’s this new technology designed to help employees track their hours worked?

07/13/2011
Q. I heard something about a new wage-and-hour smartphone app that the Department of Labor has announced. What does it mean for our company?

Factor in employee discretion when tech changes start to affect FLSA classifications

07/13/2011
As the world of work becomes more technologically driven, some employees are seeing their job responsibilities change. Those jobs may then change from hourly to exempt under the FLSA.

DOL cracks down! Are your classifications FLSA-compliant?

07/12/2011
In the past year, the U.S. Department of Labor has renewed its focus on combating employee misclassification, and there has been a recent significant increase in the number of wage-and-hour lawsuits. In many of these cases, workers are challenging their designation as exempt employees under the Fair Labor Standards Act.